High Court set to hear second legal challenge to Mill Road bus gate in Cambridge

A second legal challenge to the Traffic Regulation Order (TRO) used by Cambridgeshire County Council to install Mill Road bus gate is due to be heard in the High Court on Tuesday, 10 June.

Campaigner Emma Rose, of the Friends of Mill Road Bridge 2 campaign group, is challenging the order on four grounds:

- 1. That it is “unreasonable to make the TRO for reasons that are unsupported by evidence”.
- 2. Failure to provide legally adequate reasons.
- 3. The county council “erred in failing to take into account the petition conducted by the Mill Road Traders’ Association”.
- 4. The county council “granted the TRO for an improper motive or purpose”.

Writing on the group’s Facebook page about the court date, she said: “It is a huge day for all of us. It’s been a very intense six months. Our members have donated very generously to make this happen. That includes, residents, people working in the city and further afield, businesses (small), mostly independent, my family, your families and friends all over the county.”

Consultations run by Cambridgeshire County Council found majority support for the bus gate. An initial legal challenge, on technical ground, prompted the council to draft a new TRO, which councillors approved. But Emma argues it has a damaging impact on families and businesses alike.

Explaining her reasons, she said: “I am a care worker for the elderly and I have a young family. I was born 100 yards from the bridge and have lived in Romsey and Coleridge for my whole life.

“During the latest consultation I asked repeatedly for data as regards to the air pollution on neighbouring roads should the bridge close. I am now in Coleridge ward, and outside my door I experienced nose-to-tail traffic whenever the bridge closed.”

She added: “What motivates me more than anything are the countless stories shared by others who stand to be adversely affected. Business owners, elderly people, those who find themselves incapacitated and yet do not qualify for a Blue Badge, tradespeople, the list is endless and includes those who live outside the city and travel here to serve our needs.”

Some traders argue takings are down as a result and their livelihoods are at risk.

And, as the Cambridge Independent has reported, the newly-elected Conservative mayor of Cambridgeshire and Peterborough, Paul Bristow, has launched a petition on the bus gate and vowed to get it reopened.

Mr Bristow, who leads the Combined Authority, writes in his latest column for the Cambridge Independent that he wants to work with the county council “to find a way forward that works for the whole community”.

The petition – at paulbristow.org.uk – was signed by more than 750 people in the first couple of weeks.

Supporters of the bus gate, however, argue that Mr Bristow has no mandate to overturn the county council, which is the highways authority, following May’s local elections, in which he was elected mayor, but the Liberal Democrats won a majority on the county council.

Joining the debate on the Cambridge Independent’s Facebook page, Martin Lucas-Smith wrote: “This is a county council matter, as the highway authority, and always has been. The county council was elected with an even higher number of councillors from parties that back the bus gate.

“By comparison, Mr Bristow's party was entirely wiped out in Cambridge and South Cambs, and he came 4th (almost last) in vote share in the city. He cannot claim a mandate on this, either legally or in terms of vote share.

“If he wants to improve things for motorists, he should press for changes that the county council could probably be persuaded to back, eg parking spots outside shops, removing the delivery time restrictions, removing the now-pointless traffic lights etc.”

But David Summerfield wrote: “It would be great if it was opened again so I can get to the local businesses I used to visit before it was closed. It’s 4.6 miles, in traffic, rather than 2.1 miles over the bridge. Since the bridge has closed I’ve stopping spending in three local independent businesses and switched my spending to national chains.”

New data shows 4,677 fines - totalling at least £160,000 - were issued in the first seven weeks of the bus gate being operational. Drivers flouting the rules are charging £70, reduced to £35 if paid within 21 days.

Supporters argue the air quality in Mill Road is better and that the restrictions have been a big boost for walkers, cyclists and the reliability of buses.

As we reported, a vision to make the street a more attractive place to visit has been drawn up by the campaign group Mill Road 4 People (MR4P). These include widening the pavements by reducing the road space, adding more seating and planting to make Mill Road “a place to go to, not a street to drive through”, and larger-scale plans for four public areas.